MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002073968

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his pay grade be upgraded based on his time served in the Army.

APPLICANT STATES:  In effect, that he was reduced in rank as a result of nonjudicial punishment (NJP) he accepted in October 1983, for assault with a deadly weapon.  He claims that these charges were later dropped in February of 1984. 

EVIDENCE OF RECORD:  The applicant's military records show:

On 27 August 1981, the applicant entered the Army for a period of 3 years.  He was trained and served in military occupational specialty (MOS) 31V (Tactical Communications Operator).  During his tenure on active duty, he was awarded the Good Conduct Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in 
Item 18 (Appointments and Reductions), that the highest rank and pay grade he attained while serving on active duty was private first class/E-3 (PFC/E-3).  He was first promoted to PFC/E-3 on 14 March 1983, but was reduced from that rank to private/E-1 (PV1) on 19 May 1983.  He was again promoted to 
PFC/E-3 on 1 February 1984, but was again reduced to PV1 on 5 March 1984.  

The applicant’s disciplinary history includes his acceptance of NJP on three separate occasions.  The first on 19 May 1983, for assaulting a noncommissioned officer (NCO) and for being drunk and disorderly.  His punishment for these offenses included a reduction to PV1.  He accepted the second NJP on 22 November 1983, for being absent without leave from 
5 to 8 November 1983.  On 5 March 1984, he accepted his third NJP, for disobeying a lawful order by consuming alcohol in the barracks.  His punishment for this offense also included a reduction to PV1. 

On 20 August 1984, the applicant was honorably discharged in the rank and pay grade of PV1, by reason of expiration term of service, after completing 2 years, 
11 months, and 15 days of active military service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:

1.  The Board notes the applicant’s contention that his rank and pay grade should be reinstated to PFC/E-3 because of the time he served on active duty, and because the charges that resulted in his reduction in October 1983 were later dropped in February 1984.  However, it finds no evidentiary basis to support these claims or that would warrant granting the requested relief. 

2.  The evidence of record confirms that the applicant was reduced to PV1 on 
5 March 1984, due to his own misconduct, and that this was the rank and pay grade he held on the date of his separation.  Therefore, the Board is satisfied that the rank and pay grade recorded in the applicant’s separation document were entered in accordance with the applicable regulation.  As a result, the Board concludes that there is no basis for changing the applicant’s rank and pay grade at this time. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __CJP __  _  _HBO __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002073968	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/29	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.0900	
2.		
3.		
4.		
5.		
6.